ROCKFORD -- When a state judicial officer and state trooper unexpectedly dropped by Rockford Judge Steven Servaas' office in January, the judge politely asked them to take a seat and cracked a joke.

"Oh. Am I being discharged?" he said with a chuckle.

As it turns out, his unsuspecting comment was prophetic for what transpired in the next few minutes -- a blindsiding Judicial Tenure Commission complaint that left the judge reeling under immediate pressure to resign or face what the judicial officer described as public embarrassment.

Listen to recording of Jan. 16 meeting (16:27)

Press File PhotoJudge Steven ServaasPress File PhotoPaul Fischer

A Jan. 16 audio recording of the meeting, obtained by The Press, reveals the tense exchange over the course of 17 minutes and the verbal pressure Servaas calls extortion.

That meeting -- which spawned last week's four-day hearing against Servaas over allegations he was living outside his district, made sexually harassing comments about a female court worker and drew two sexually related doodles -- was particularly remarkable because Judicial Tenure Commission Director Paul Fischer was accompanied by State Police Lt. Curt Schram for safety.

Fischer claims there was concern Servaas might act rashly because of a history of depression and because he kept a loaded .45-caliber gun in a box beneath his bench. The gun, which Servaas kept for courtroom safety, was confiscated after the meeting at Chief Judge Sara Smolenski's request.

"The JTC thought it would be a wise idea to have someone there to protect me in light of the judge's past (mental) history," Fischer said.

Until now, what was known about the meeting came only through characterizations of those there: Servaas railed against what he considered Fischer's strong-armed tactics. Fischer insisted the meeting did not have the "Godfather-like drama" that Servaas implied.

The recording was made by Schram with Fischer's knowledge. Schram did not tell the judge he had a recorder on him, but state law does not require it.

Deadline set

The unannounced visit started with some terse, matter-of-fact statements from Fischer, telling Servaas he is "technically" no longer a judge because he lives outside his district, and he could resign immediately without Tenure Commission legal action that would become public.

Fischer, in an assured voice, told Servaas he had until 9 a.m. the next morning to fax his resignation -- on a document Fischer already had prepared with Servaas' letterhead -- or he would file a petition for suspension.

"You're up for election this year. So this is all going to become public no later than March. You'll be off the bench before then," Fischer told Servaas.

Fischer's prediction on timing never came true because a decision on an interim suspension is pending.

When Servaas resisted resigning, Fischer told him, "I haven't even touched the sexual harassment -- the little notes that you draw, the comments you make to the staff."

He became caustic as he told Servaas about an allegation involving a court worker wearing a University of Michigan sweatshirt. At a party, Servaas said she needed a bigger chest or a smaller school like Alma to fill out the shirt, a comment Servaas later said was a joke.

"You may think because you were born in 19, whatever it was, 40-something or other, that you're from an old enough generation that can get away with saying certain things, but it's just not true," Fischer told Servaas.

"I'd get you thrown off just for that," Fischer told Servaas about the sweatshirt comment.

The recording reveals Servaas was clearly taken aback by the harassment allegations and called them "bull----." He said he had no knowledge of any complaints about comments or doodles or even his residency before the Jan. 16 meeting in his chambers.

Later in the conversation, Servaas refused to go along with Fischer's idea that, if he would resign, he would not have to tell his constituents why he left office.

"I mean, I'm going to tell them if I decide to resign. I'm going to tell them why," he said.

'Are you OK mentally?'

Schram said little during the visit with Servaas but at one point asked the judge whether he was all right. Servaas made a suicide attempt in 2004 that he publicly acknowledged. He later was deemed fit to serve as judge.

"I just want to make sure, judge, are you OK mentally? Because I know there have been periods in the past where you've talked about ... " Schram asked.

"I'm fine," Servaas replied.

After the meeting, the recording captured a conversation Schram had with court Administrator Dona Gillson and with Smolenski, on the phone, about whether to take Servaas' gun. Smolenski, who knew ahead of time Fischer was visiting Servaas, gave him permission to take the weapon, telling Schram she did not feel comfortable leaving it there.

Servaas' later-assembled defense team amplified the recording, forwarded to them after Schram alluded to the recording in an affidavit, to capture some of Smolenski's comments.

Official has no regrets

Looking back on the meeting, Servaas said it now seems like "sort of an ambush" and said he was shocked.

"The guy walks in and says I have until tomorrow at 9 a.m., after 35 years on the bench, to retire," he said. "I was waiting for him to break into a smile," he said, thinking it might be a joke at first.

"I was stunned for the first five or 10 minutes," he said.

Servaas said he was even more upset at a petition for immediate suspension filed in later days that cited his depression and suicide attempt, and suggested he might use his court pistol on anyone he might deem an "enemy." The allegation is outrageous, he said. Servaas still has not gotten the gun back.

Fischer offers no apology for those claims, believing the concern about Servaas' mental health was legitimate.

He also steadfastly believes the voters do not really know Servaas.

"I think the general public doesn't know what he's like, the kinds of comments he has made and the way he treats his staff," he said. "(Servaas' court) clammed up like an oyster shell real quick after all this happened."

Fischer claims Servaas is technically no longer a judge because he lived in Ada Township, south of his division, until February. Servaas admits he lived outside his division but does not believe it was against judicial rules.

Fischer said he regrets nothing about what he said in the Jan. 16 conversation. "The only thing I regret is he did not resign."

Schram said he made the recording partly for safety reasons in case some type of physical confrontation erupted and proof was needed later.

But he said the meeting was not recorded specifically to gather evidence.

"What happens if they get into a name-calling situation. It was just something to protect everyone's interest," he said.

Servaas' fate may not be known for months. The retired judge who presided over last week's hearing will issue a written recommendation about any discipline or removal by mid-May, with the case then going to the Judicial Tenure Commission for a hearing and decision. If the charges are upheld, the case ultimately goes to the state Supreme Court.